NSW Break Lease Rules in 2026: A Practical Guide for Landlords

Michael Murray Managing Director, Murray Property · 22+ years in property management across Darlinghurst & Surry Hills

Updated 15 October 2026

It is often a Sunday evening when the email arrives. A tenant is nine months into a twelve-month lease and has been transferred to Melbourne, purchased a home or gone through a relationship change. They need to move out early and want to know how much it will cost. Naturally, the landlord wants to understand the financial impact as well.

After more than twenty-two years managing properties across Darlinghurst, Surry Hills and Sydney’s inner east, I have dealt with this situation many times. Fortunately, NSW legislation provides a relatively straightforward answer for most standard fixed-term tenancies: the applicable break fee is set by law according to how much of the lease has expired.

The fee itself is usually the simple part. The areas that cause confusion are the circumstances in which no break fee applies and the practical cost of any vacancy between tenancies. In tightly held suburbs such as Darlinghurst and Surry Hills, that vacancy period often matters more than the fee.

The mandatory break fee: four clear brackets

For a fixed-term tenancy agreement signed on or after 23 March 2020, with a term of three years or less, NSW law sets a mandatory break fee. The amount depends entirely on the proportion of the fixed term that has passed when the tenant leaves.

Proportion of the fixed term expired	Break fee payable
Less than 25%	4 weeks’ rent
25% or more, but less than 50%	3 weeks’ rent
50% or more, but less than 75%	2 weeks’ rent
75% or more	1 week’s rent

That is the complete schedule. It is explained on the NSW Government’s breaking a fixed-term tenancy early page and set out in section 107 of the Residential Tenancies Act 2010 (NSW), which sits in Part 5, Division 4 of the Act.

A worked example

Consider a two-bedroom apartment in Surry Hills rented for $850 per week under a twelve-month agreement beginning on 1 February. The tenant gives notice and returns possession on 30 September. Eight months, or approximately 66% of the fixed term, have passed.

The tenancy therefore falls within the third bracket. The break fee is two weeks’ rent, totalling $1,700.

The tenant must also pay rent until the date they return possession of the property. That rent is separate from the break fee; one does not replace the other. But the break fee is the landlord’s full compensation for the early exit. The landlord can’t also claim rent for the weeks the apartment sits empty after the tenant leaves, advertising costs or a re-letting fee (section 107(3) of the Residential Tenancies Act 2010). Any damage beyond fair wear and tear is a separate matter, handled through the bond.

Different rules for longer and older agreements

The set break fee doesn’t apply to every lease.

Fixed terms of more than three years

There’s no set fee. The landlord can negotiate compensation with the tenant for actual losses, such as lost rent, advertising and a letting fee. If they can’t agree, the landlord can claim from the bond or apply to the NSW Civil and Administrative Tribunal (NCAT). The landlord must show the Tribunal the reasonable steps they took to keep the loss down, such as advertising for a new tenant straight away.

Agreements signed before 23 March 2020

The former rules apply. Check the “Additional terms” section of the agreement for the optional break fee clause.

• If the clause is still in the agreement: the fee is 6 weeks’ rent if the tenant leaves in the first half of the fixed term, or 4 weeks’ rent in the second half. The same clause applies to fixed terms over three years unless the agreement sets a different amount.
• If the clause was deleted: the landlord can negotiate compensation or apply to NCAT, and must show they took reasonable steps to keep the loss down.

In 2026, this only matters for a fixed term that started before 23 March 2020 and is still running, which today means a long lease.

When a tenant can leave without paying a break fee

This is where mistakes are most likely to occur. A self-managing landlord who demands a fee that is not legally payable can create an unnecessary dispute and weaken their position.

A tenant may be able to end a fixed-term agreement early without a break fee in the following circumstances:

• Domestic violence. A tenant, or a tenant whose dependent child is experiencing domestic violence, can end the tenancy immediately and without penalty by following the required domestic-violence termination process. There is no minimum notice period and no break fee.
• The landlord has already issued a termination notice. A tenant may give an “early exit notice” and leave before the landlord’s termination date without paying a break fee. The tenant must give at least 14 days’ notice before returning possession. For agreements of six months or less, this option is available only during the final 60 days; for longer agreements, it is available only during the final 90 days. It does not apply when the landlord is terminating the tenancy because of a breach or because the premises are unusable.
• The tenant has accepted an offer of social housing. The tenant may end the agreement with 14 days’ written notice.
• The tenant needs to enter an aged-care facility or nursing home. Fourteen days’ written notice is required. A retirement village does not qualify under this provision.
• The landlord has breached the agreement or failed to disclose required information. The tenant may end the agreement with 14 days’ written notice.
• The property is placed on the market during the fixed term and the proposed sale was not disclosed before the tenant signed. The tenant may end the agreement with 14 days’ written notice.
• Loose-fill asbestos. The tenant may end the agreement with at least 14 days’ written notice, and no break fee, if the property is added to the Loose-Fill Asbestos Insulation Register during the tenancy, or if it was already listed and this was not disclosed before the tenant signed. The termination date must be at least 14 days after the notice is given.
• A rent increase during a long fixed term. When a fixed-term agreement runs for two years or more, a tenant who receives a rent-increase notice may end the tenancy without penalty by giving 21 days’ written notice before the increase takes effect.
• Hardship. A tenant may apply to NCAT to end a fixed-term tenancy because of hardship. Rent remains payable while the application is being considered, and the Tribunal decides whether to terminate the agreement. NCAT may also determine whether compensation is payable.

One provision deserves particular attention. If you decide to sell an investment property during a fixed term and the tenant was not advised before signing that a sale was proposed, the tenant may leave with 14 days’ notice and no break fee. Anyone considering a sale should account for that possibility when planning the timing. I discuss the wider considerations in our landlord’s guide to Darlinghurst and Surry Hills.

Why the break fee is not always the figure that matters most

A break fee of two or three weeks’ rent may appear to cover the landlord’s position, but that is not its purpose. It is a fixed statutory payment rather than a calculation of the landlord’s actual financial loss. In practical terms, the most significant variable is often the vacancy period: the number of days between the outgoing tenant returning the keys and the incoming tenant beginning to pay rent.

That distinction is particularly important now. SQM Research’s September 2026 figures, released on 13 October 2026, put Sydney’s rental vacancy rate at 1.8%, up from 1.3% a year earlier. The national rate was 1.4%, and Sydney unit asking rents eased by 1.0% over the month. With more rentals on the market than a year ago, re-letting can take longer.

Source: SQM Research, National Vacancy Rates, September 2026

At $850 a week, three empty weeks cost $2,550, more than the $1,700 break fee in the example above. Where the break fee applies, none of that vacancy can be claimed from the tenant, so the re-letting campaign needs to start as soon as the tenant gives notice.

When handled efficiently, a break lease in Surry Hills or Darlinghurst may cost the landlord very little beyond the administrative work because the property can be re-let within the period covered by the fee. If the campaign starts late, the asking rent is overly ambitious or inspections are arranged around convenience rather than tenant demand, the same property may remain vacant for three or four weeks and create a genuine loss.

Speed is therefore one of the most important factors a landlord or agent can control.

How break leases fit within the wider 2026 tenancy rules

The break fee schedule itself hasn’t changed in 2026, but the protections for tenants experiencing domestic violence have. From 21 September 2026, the landlord or agent must notify remaining co-tenants within 7 days when a tenant leaves because of domestic violence, and a victim-survivor isn’t liable for damage the Tribunal finds was caused by domestic abuse. Three dates are particularly important:

What has changed most noticeably is the level of enforcement. In its first year, the NSW Rental Taskforce identified 7,712 rental compliance matters and issued almost 600 fines valued at nearly $421,650 (NSW Government, 18 May 2026). That represents approximately fifteen times the compliance activity recorded in the preceding year.

The Taskforce also uses automated data matching to monitor more than 950,000 rental properties across NSW. The system cross-references landlord reports, rental listings, bond lodgements and tenant complaints, while end-of-tenancy surveys form part of Fair Trading’s broader data-led compliance program. These figures and methods are reported in the NSW Government’s one-year Rental Taskforce update and automated compliance-tool announcement. (13 September 2025)

This enforcement activity is not directed at landlords who manage an ordinary break lease correctly. It does, however, leave far less room for poor documentation or an informal process than there was three years ago.

Three break-lease mistakes I see repeatedly

Unsure how the rules apply to your property?

When a tenant gives notice to break a lease, the outcome usually depends on two things: whether the paperwork is correct and how quickly the property returns to the market. Both processes are straightforward with experience, but small delays or documentation errors can become expensive.

I have managed inner-city tenancies across Darlinghurst, Surry Hills and Potts Point for more than twenty-two years. If you would like a clear assessment of your situation, see how we manage investment properties or request a rental appraisal to understand what your property could achieve in today’s market.

For a broader view of what a managing agent handles and how local rental conditions are changing, read our landlord’s guide to Darlinghurst and Surry Hills and latest Surry Hills property market update. You can also meet the Murray Property team to learn more about who would manage your property.

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Disclaimer

The data, figures, and market statistics referenced in this article were current at the time of publication and are sourced from third-party providers including CoreLogic/Cotality, Domain, realestate.com.au, SQM Research, HtAG Analytics, PropTrack, and NSW Fair Trading, among others. Property market data changes frequently, median prices, rental yields, vacancy rates, clearance rates, and days on market figures are updated regularly by their respective providers and may have changed since this article was published. Readers are encouraged to verify all figures directly with the cited sources before making any decisions.

This article is intended as general information only. It does not constitute financial, investment, legal, or taxation advice. The information provided does not take into account your individual circumstances, objectives, financial situation, or needs. Before making any property investment, purchase, sale, or management decision, you should seek independent advice from a qualified financial adviser, solicitor, or property professional licensed in your state.

Murray Property is a licensed real estate agency operating in NSW. We are not financial advisers. References to rental yields, capital growth, or investment returns are based on publicly available market data and historical performance, which is not a reliable indicator of future results.

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